## 1. INTRODUCTORY PROVISIONS

These General Terms and Conditions ("**GTC**"), issued by ESSENS EUROPE SE, IČ 293 75 819, with its registered office at Zaoralova 3045/1e, Líšeň, 628 00 Brno, entered in the Commercial Register kept by the Regional Court in Brno, Section H, Insert 264 ("**ESSENS EUROPE SE**") regulate and specify in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code, as amended ("**Civil Code**") the mutual rights and obligations of the parties arising in connection or on the basis of a contract for the mediation ("**Contract**") of passenger air transport services and related services and/or accommodation services and related services ("**Services**") further mediated by the travel agency and travel agency WEB SHOP FLY as, IČ 045 91 399, with its registered office at Ďáblická 973/2k, Ďáblice, 182 00 Prague 8, entered in the Commercial Register kept by the Municipal Court in Prague under file no. B 21086 ("**WEB SHOP FLY**"), on a website located at the Internet address <https://essens.travel> ("**Website**"); these GTC apply exclusively to the Agreement concluded between ESSENS EUROPE SE and the members of the ESSENS Club ("**Member**").

**The Website is operated by ESSENS EUROPE SE solely for the purpose of enabling the provision of Services to ESSENS Club Members by ESSENS EUROPE SE under the conditions set out below, as a separate component of the benefits associated with membership in the ESSENS Club.**

In accordance with the General Terms and Conditions of Membership in the ESSENS Club, the member is always a natural person - a consumer, duly registered in the ESSENS Club. ESSENS EUROPE SE is an intermediary for the Member in the air transport of passengers and related services and/or accommodation services and related services further mediated by WEB SHOP FLY.

All contractual relations established by the Contract and these GTC are concluded in accordance with the legal order of the Czech Republic. By submitting an order for the Services via the Website, the Member confirms that he/she has read these GTC, which are an integral part of the Agreement, and that he/she agrees with them.

In view of the above and for the avoidance of doubt, matters not expressly covered by these GTC, in particular other terms and conditions of the Services, which are mediated to the Member on the basis of the Agreement by ESSENS EUROPE SE, and which are further mediated to the Member directly by WEB SHOP FLY, are regulated in the General Terms and Conditions of the travel agency and travel agency WEB SHOP FLY ("**WSF GTC**"), which are available [HERE]({{< ref path="obchodni-podminky/" lang="en" >}}), and which the Member is obliged to familiarize himself with during the creation of the order for the Services.

## 2. METHOD OF BUILDING SERVICE ORDERS AND CONCLUSION

The Member may order the Services via the Website exclusively through his membership profile created by the registration of the ESSENS Club Member, from which he will be redirected to the Website.

The specific offer of the Services, their price, the conditions of their order and the possibilities of their change are determined by ESSENS EUROPE SE in cooperation and according to the current offer of the company WEB SHOP FLY directly on the Website in the offer of the Services.

The Order for the Services made by the Member via the Website represents a proposal for the conclusion of the Agreement and at the same time a proposal for the conclusion of the relevant agreement on the mediation of the Services with WEB SHOP FLY in accordance with the WSF GTC.

The regime of creating and confirming specific orders on the Website is further governed by the WSF GTC.

## 3. PAYMENT TERMS

Given that the mediation of the provision of Services to ESSENS Club Members by ESSENS EUROPE SE is an advantage associated with membership in the ESSENS Club, which allows payment of the price of the ordered Services up to 100% of the commissions to which the Member was entitled (credited in the form points to the Member's e-wallet), the Member pays the price of the ordered Services directly to ESSENS EUROPE SE.

ESSENS EUROPE SE is entitled to receive funds from the Members to pay the price of the Services which it mediates to the Members.

The Member may pay the ordered Services within the order in full from his commissions (points from the e-wallet) or partly from commissions and partly by money by payment card or in full by money by payment card.

When using the payment for the Services in whole or in part from the Member's commissions, the member is obliged to authorize the payment using the ESSENS PIN.

Upon payment of the Services in whole or in part in cash, the Member will be redirected to a secure payment gateway, through which he will enter the payment details for the payment by payment card and make the payment.

When creating a Member's order on the Website, a point evaluation of the flight is performed in order to select the payment method. prices expressed in cash, accommodation is awarded 1 point for every 8 € of its price expressed in cash.

After payment and completion (confirmation) of the order, WEB SHOP FLY will send the order confirmation and the purchased ticket details to the Member's email specified in the order in accordance with the WSF GTC, and ESSENS EUROPE SE will send an invoice for the mediated Services to the Member's email specified in the member. profile created by the registration of an ESSENS Club Member, which is also proof of the conclusion of the Agreement.

Each order of the Services is available to the Member in his membership profile created by the registration of the ESSENS Club Member, where he can view and manage it in the "My Office" section.

ESSENS EUROPE SE warns the Member that it is not possible to cancel or change low-cost flights.

## 4. MEDIATION CONDITIONS

The Agreement between ESSENS EUROPE SE and the Member is concluded when the Member pays the price of the Services and completes the order.

By completing (confirming) the order, the Member enters into three separate legal relationships, namely (i) the Agreement with ESSENS EUROPE SE (ii) the Agreement on the provision of Services with WEB SHOP FLY, and (iii) the Agreement on the carriage of passengers and related services with the selected carrier and/or the provision of accommodation services and related services with the selected accommodation service provider for the use of mediation services in accordance with these GBTC and the WSF GBTC. The three legal relationships are independent of each other, with different parties, and as such, are subject to different rules, business conditions and are usually governed by different legal systems.

The activity of ESSENS EUROPE SE in the scope of mediation of Services consists in the following:

1. displaying the offered flights and accommodation and their combinations on the Website;
2. mediation of the conclusion of an agreement on mediation of Services between the Member and the company WEB SHOP FLY;
3. mediation of the contract for the carriage of passengers by air and related services with the selected carrier;
4. mediation of the contract for the provision of accommodation services and related services with the selected accommodation service provider.

ESSENS EUROPE SE mediates the provision of Services to ESSENS Club Members free of charge.

The Member acknowledges that ESSENS EUROPE SE is not liable for defective provision or non-provision of the Service, as it only mediated it.

ESSENS EUROPE SE hereby warns the Member that, as a consumer, he has the right to withdraw from the Contract without giving a reason within 14 days from the day following the day of conclusion of the Contract. For the purposes of exercising the right to withdraw from the Agreement, the Member must inform ESSENS EUROPE SE of its withdrawal by e-mail to the email address <service@essens.travel>. In order to comply with the withdrawal period, it is sufficient to send a notice of withdrawal before the expiry of the said period.

ESSENS EUROPE SE expressly warns the Member that in the event that a Member requests ESSENS EUROPE SE to start providing services under the Agreement immediately after its conclusion within the period for withdrawal from the Agreement, the Member loses the opportunity to withdraw from the Agreement.

Together with the explicit expression of consent to these GTC at the conclusion of the Agreement, the Member of ESSENS EUROPE SE requests the commencement of the provision of services (mediation) under the Agreement immediately after its conclusion.

A member may use the possibility of out-of-court settlement of a dispute when resolving a possible dispute arising from the relations established by the Contract. The body to which the Member can turn is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, www.coi.cz.

## 5. FINAL PROVISIONS

ESSENS EUROPE SE shall not be liable for errors arising out of the third party's intervention in the Website or as a result of its use contrary to its intended purpose. When using the Website, the Member may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the Website and use the Website, or its parts or software in such a way that would be contrary to its purpose or purpose.

The wording of the terms and conditions may be amended or supplemented by ESSENS EUROPE SE. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

The Member confirms that he has been provided with all necessary information prior to the conclusion of the Agreement, that he has read these terms and conditions well in advance of the Agreement, that he considers all the content of these terms and conditions to be definite and comprehensible, and that his individual rights and obligations from the Treaty.

General Terms and Conditions of Travel Agency ESSENS EUROPE SE

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